We write to request the Department of Labor (department) reverse its attempt to unilaterally extend the Davis Bacon Act (hereinafter referred to as "Davis-Bacon") to survey technicians. It is clear from witness testimony before the Committee on Education and the Workforce as well as documents produced by the department there was no transparency, comprehensive stakeholder input, or outreach to affected parties regarding this matter. As such, the department should immediately reverse this course of action and withdraw All Agency Memorandum (AAM) No. 212 and the accompanying guidance letter.

When the department's Wage and Hour Division (WHD) issued AAM No. 212 along with a guidance letter on March 22, 2013, survey technicians were included under Davis-Bacon for the first time in the act's history. For over 50 years, both Republican and Democrat administrations have consistently excluded survey technicians from Davis-Bacon requirements. However, after receiving unsolicited input from the International Union of Operating Engineers (IUOE), the department proceeded to make this unprecedented policy change based solely on information from the IUOE without consulting any other stakeholders. To make matters worse, the department made this change through an agency memorandum, rather than public rulemaking process. The department's action in this case has resulted in confusion as to what work is covered by the memorandum and when the change in policy officially began.